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Case T-236/10: Action brought on 21 May 2010 — Asociación Española de Banca v Commission
ECLI:EU:UNKNOWN:62010TN0236
62010TN0236
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Valentina R., lawyer
17.7.2010
EN
Official Journal of the European Union
C 195/31
(Case T-236/10)
2010/C 195/49
Language of the case: Spanish
Parties
Applicant: Asociación Española de Banca (Madrid, Spain) (represented by: J. Buendía Sierra, E. Abad Valdenebro, M. Muñoz de Juan and R. Calvo Salinero, lawyers)
Defendant: European Commission
Form of order sought
—annul Article 1(1) of the contested decision inasmuch as it declares that Article 12(5) of the consolidated text of the Law on Corporation Tax (texto refundido de la Ley del Impuesto sobre Sociedades, TRLIS) involves State aid elements;
—in the alternative, annul Article 1(1) inasmuch as it declares that Article 12(5) TRLIS involves State aid elements when it applies to acquisitions of shares which entail the acquisition of control;
—in the alternative, annul Article 4 inasmuch as it applies the recovery order to operations which occurred prior to the publication in the Official Journal of the European Union of the final decision which is the object of the present action, and
—order the Commission to pay the costs of these proceedings.
Pleas in law and main arguments
The decision against which these proceedings are brought is the same as that contested in Cases T-219/10 Autogrill España v Commission; T-221/10 IBERDROLA v Commission; and T-225/10 BANCO BILBAO VIZCAYA ARGENTARIA v Commission.
The pleas in law and the principal arguments are similar to those relied on in those cases.